56750 Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Rules and Regulations 

advance or may borrow money from a 

commercial lending institution for such 

purposes. 

(f) Termination. Any money collected 

from assessments hereunder and 

remaining unexpended in the 

possession of the Board upon 

termination of this part shall be 

distributed in such manner as the 

Secretary may direct. 

■ 19. Revise § 984.72 to read as follows: 

§ 984.72 Reports of walnuts handled. 

Each handler who handles walnuts, 

inshell or shelled, at any time during a 

marketing year shall submit to the Board 

in such form and at such intervals as the 

Board may prescribe, reports showing 

the quantity so handled and such other 

information pertinent thereto as the 

Board may specify. 

■ 20. Revise § 984.77 to read as follows: 

§ 984.77 Verification of reports. 

For the purpose of verifying and 

checking reports filed by handlers or the 

operations of handlers, the Secretary 

and the Board through its duly 

authorized representatives shall have 

access to any premises where walnuts 

and walnut records are held. Such 

access shall be available at any time 

during reasonable business hours. 

Authorized representatives shall be 

permitted to inspect any walnuts held 

and any and all records of the handler 

with respect to matters within the 

purview of this part. Each handler shall 

maintain complete records on the 

receiving, holding, and disposition of 

both inshell and shelled walnuts. Each 

handler shall furnish all labor necessary 

to facilitate such inspections at no 

expense to the Board or the Secretary. 

Each handler shall store all walnuts 

held by him or her in such manner as 

to facilitate inspection and shall 

maintain adequate storage records, 

which will permit accurate 

identification of respective lots and of 

all such walnuts held or disposed of 

theretofore. The Board, with the 

approval of the Secretary, may establish 

any methods and procedures needed to 

verify reports. 

§ 984.89 [Amended] 

■ 21. Amend § 984.89 in paragraph 

(b)(4) by removing the term ‘‘fiscal 

period’’ and adding in its place the term 

‘‘marketing year’’. 

■ 22. Revise § 984.347 to read as 

follows: 

§ 984.347 Assessment rate. 

On and after September 1, 2023, an 

assessment rate shall be fixed at $0.0125 

per inshell pound of California walnuts. 

§ 984.450 [Removed and Reserved] 

■ 23. Amend § 984.450 by lifting the 

stay of May 7, 2020, on paragraphs (a) 

and (b) and removing and reserving the 

section. 

§ 984.451 [Removed and Reserved] 

■ 24. Amend § 984.451 by lifting the 

stay of May 7, 2020, on paragraph (c) 

and removing and reserving the section. 

§ 984.452 [Removed and Reserved] 

■ 25. Remove and reserve § 984.452. 

§ 984.456 [Removed and Reserved] 

■ 26. Amend § 984.456 by lifting the 

stay of May 7, 2020, and removing and 

reserving the section. 

§ 984.459 [Amended] 

■ 27. Amend § 984.459 by removing and 

reserving paragraph (a)(3). 

§ 984.464 [Removed and Reserved] 

■ 28. Amend § 984.464 by lifting the 

stay of May 7, 2020, on paragraph (a) 

and removing and reserving the section. 

■ 29. Revise § 984.472 to read as 

follows: 

§ 984.472 Reports of walnuts, received, 

shipped, and committed. 

(a) Reports of walnuts shipped during 

a month shall be submitted to the Board 

on California Walnut Board (CWB) Form 

No. 6 not later than the 5th day of the 

following month. Such reports shall 

include all shipments during the 

preceding month and shall show for 

inshell and shelled walnuts: the 

quantity shipped; whether they were 

shipped into domestic or export 

channels; and for exports, the quantity 

by country of destination. If a handler 

makes no shipments during any month, 

he/she shall submit a report marked 

‘‘None.’’ If a handler has completed his/ 

her shipments for the season, he/she 

shall mark the report ‘‘Completed,’’ and 

he/she shall not be required to submit 

any additional CWB Form No. 6 reports 

during the remainder of that marketing 

year. 

(b) Reports of walnuts purchased 

directly from growers by handlers who 

are manufacturers or retailers shall be 

submitted to the Board on CWB Form 

No. 6, not later than the 5th day of the 

month following the month in which 

the walnuts were purchased. Such 

reports shall show the quantity of 

walnuts purchased. 

(c) Reports of walnuts on which 

handlers have made purchase 

commitments with buyers during the 

month, but which have not yet been 

shipped, shall be submitted to the Board 

on CWB Form No. 6, not later than the 

5th day of the month following the 

month in which the walnuts were 

committed. Such reports shall show the 

quantity of walnuts committed in either 

inshell or shelled pounds. If the handler 

made no commitments during any 

month, he/she shall mark ‘‘None’’ in the 

‘‘Purchase Commitments’’ section of 

CWB Form No. 6. 

■ 30. Revise § 984.476 to read as 

follows: 

§ 984.476 Report of walnut receipts 

produced outside California or the United 

States. 

Each handler who receives walnuts 

from outside California or the United 

States shall file with the Board, on CWB 

Form No. 7, a report of the receipt of 

such walnuts. The report shall be filed 

as follows: On or before December 5 for 

such walnuts received during the period 

September 1 to November 30; on or 

before March 5 for such walnuts 

received during the period December 1 

to February 28 (February 29 in a leap 

year); on or before June 5 for such 

walnuts received during the period 

March 1 to May 31; and on or before 

September 5 for such walnuts received 

during the period June 1 to August 31. 

The report shall include the quantity of 

such walnuts received, the country of 

origin for such walnuts, and whether 

such walnuts are inshell or shelled. 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2023–17753 Filed 8–18–23; 8:45 am] 

BILLING CODE P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 50, 52 and 100 

[NRC–2021–0133] 

Regulatory Guide: Use of ARCON 

Methodology for Calculation of 

Accident-Related Offsite Atmospheric 

Dispersion Factors 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final guide; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing a new 

Regulatory Guide (RG) 1.249 (Revision 

0), ‘‘Use of ARCON Methodology for 

Calculation of Accident-Related Offsite 

Atmospheric Dispersion Factors.’’ This 

new RG describes an approach for 

reactor applicants and licensees for 

determining atmospheric relative 

concentration (c/Q) values in support of 

modeling onsite releases to offsite 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Rules and Regulations 56751 

boundaries from a design-basis accident. 

Also, this RG implements the 

methodology in RG 1.194, 

‘‘Atmospheric Relative Concentrations 

for Control Room Radiological 

Habitability Assessments at Nuclear 

Power Plants,’’ for offsite dose locations 

at boundaries. 

DATES: Revision 0 to RG 1.249 is 

available on August 21, 2023. 

ADDRESSES: Please refer to Docket ID 

NRC–2021–0133 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2021–0133. Address 

questions about Dockets IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. For technical 

questions, contact the individuals listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

https://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, at 

301–415–4737, or by email to 

PDR.Resource@nrc.gov. 

• NRC’s PDR: The PDR, where you 

may examine and order copies of 

publicly available documents, is open 

by appointment. To make an 

appointment to visit the PDR, please 

send an email to PDR.Resource@nrc.gov 

or call 1–800–397–4209 or 301–415– 

4737, between 8 a.m. and 4 p.m. eastern 

time (ET), Monday through Friday, 

except Federal holidays. 

Revision 0 to RG 1.249 and the 

regulatory analysis may be found in 

ADAMS under Accession Nos. 

ML22024A241 and ML21165A007, 

respectively. 

Regulatory guides are not 

copyrighted, and NRC approval is not 

required to reproduce them. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Quinlan, Office of Nuclear 

Reactor Regulation, telephone: 301– 

415–6809, email: Kevin.Quinlan@

nrc.gov, or Jason White, Office of 

Nuclear Reactor Regulation, telephone: 

301–415–3212, email: Jason.White@

nrc.gov, or Harriet Karagiannis, Office of 

Nuclear Regulatory Research, telephone: 

301–415–2493, email: 

Harriet.Karagiannis@nrc.gov. All are 

staff of the U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

SUPPLEMENTARY INFORMATION: 

I. Discussion 

The NRC is issuing a new guide in the 

NRC’s ‘‘Regulatory Guide’’ series. This 

series was developed to describe 

methods that are acceptable to the NRC 

staff for implementing specific parts of 

the agency’s regulations, to explain 

techniques that the staff uses in 

evaluating specific issues or postulated 

events, and to describe information that 

the staff needs in its review of 

applications for permits and licenses. 

For clarification, Revision 0 of RG 

1.249 was issued for public comment 

with a temporary identification of draft 

Regulatory Guide (DG), DG–4030, to RG 

4.28, titled, ‘‘Use of ARCON 

Methodology for Calculation of 

Accident-Related Offsite Atmospheric 

Dispersion Factors.’’ After further 

consideration of the applicability of this 

RG, the staff decided that it is more 

suitable to be listed under the RGs of 

Division 1, titled, ‘‘Power Reactors.’’ As 

a result, the RG number was changed to 

RG 1.249 using the same RG title, 

instead of being listed under Division 4, 

titled, ‘‘Environmental and Siting,’’ as 

RG 4.28. The content of the RG did not 

change due to it being issued under 

Division 1 instead of Division 4. 

II. Additional Information 

The NRC published a notice of the 

availability of DG–4030 (ADAMS 

Accession No. ML21165A005), in the 

Federal Register on August 17, 2021 (86 

FR 46024), for a 30-day public comment 

period. The public comment period 

closed on September 16, 2021. The staff 

received 5 comment submissions and a 

total of 30 public comments. Public 

comments on DG–4030 and the staff 

responses to the public comments are 

available in ADAMS under Accession 

No. ML22024A245. 

This new RG provides guidance to 

industry for complying with and 

implementing the NRC requirements by 

endorsing the use of the ARCON 

computer code to calculate offsite 

dispersion values out to distances of 

1,200 m (3937 ft) that could include the 

exclusion area boundary and/or lowpopulation zone. 

RG 1.194 (ADAMS Accession No. 

ML031530505) endorses the use of the 

ARCON96 computer code for 

calculating accident-related onsite 

(control room and technical support 

center) atmospheric dispersion values 

which are direct inputs to habitability 

dose assessments. In addition, RG 1.145 

(ADAMS Accession No. ML12216A014) 

provides the present methodology 

incorporated into the PAVAN computer 

code, as reviewed by the staff using 

NUREG–0800 at https://www.nrc.gov/ 

reading-rm/doc-collections/nuregs/staff/ 

sr0800/index.html (ADAMS Accession 

No. ML070810350), Standard Review 

Plan (SRP) Section 2.3.4 for calculating 

accident-related related, offsite 

atmospheric dispersion values. 

RG 1.249 will provide new guidance 

for applicants and licensees subject to 

part 50 of title 10 of the Code of Federal 

Regulations (10 CFR), ‘‘Domestic 

Licensing of Production and Utilization 

Facilities’’; 10 CFR part 52, ‘‘Licenses, 

Certifications, and Approvals for 

Nuclear Power Plants’’; and 10 CFR part 

100, ‘‘Reactor site criteria.’’ 

As noted in the Federal Register on 

December 9, 2022 (87 FR 75671), this 

document is being published in the 

‘‘Rules’’ section of the Federal Register 

to comply with publication 

requirements under 1 CFR chapter I. 

III. Congressional Review Act 

This RG is a rule as defined in the 

Congressional Review Act (5 U.S.C. 

801–808). However, the Office of 

Management and Budget has not found 

it to be a major rule as defined in the 

Congressional Review Act. 

IV. Backfitting, Forward Fitting, and 

Issue Finality 

Issuance of RG 1.249, Revision 0, does 

not constitute backfitting as that term is 

defined in 10 CFR 50.109, ‘‘Backfitting’’ 

and as described in NRC Management 

Directive (MD) 8.4, ‘‘Management of 

Backfitting, Forward Fitting, Issue 

Finality, and Information Requests’’ 

(ADAMS Accession No. ML18093B087); 

constitute forward fitting as that term is 

defined and described in MD 8.4; or 

affect issue finality of any approval 

issued under 10 CFR part 52. As 

explained in RG 1.249, applicants and 

licensees are not required to comply 

with the positions set forth in this 

regulatory guide. 

V. Submitting Suggestions for 

Improvement of Regulatory Guides 

A member of the public may, at any 

time, submit suggestions to the NRC for 

improvement of existing RGs or for the 

development of new RGs. Suggestions 

can be submitted on the NRC’s public 

website at https://www.nrc.gov/readingrm/doc-collections/reg-guides/ 

contactus.html. Suggestions will be 

considered in future updates and 

enhancements to the ‘‘Regulatory 

Guide’’ series. 

Dated: August 16, 2023. 


lotter on DSK11XQN23PROD with RULES1
56752 Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Rules and Regulations 

For the Nuclear Regulatory Commission. 

Michael A. Eudy, 

Acting Chief, Regulatory Guide and Programs 

Management Branch, Division of Engineering, 

Office of Nuclear Regulatory Research. 

[FR Doc. 2023–17908 Filed 8–18–23; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 50, 52 and 100 

[NRC–2020–0076] 

Regulatory Guide: Volcanic Hazards 

Assessment for Proposed Nuclear 

Power Reactor Sites 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final guide; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing Revision 1 

to Regulatory Guide (RG) 4.26 ‘‘Volcanic 

Hazards Assessment for Proposed 

Nuclear Power Reactor Sites,’’ to restore 

text and a Section heading inadvertently 

omitted from Section C, ‘‘Staff 

Regulatory Guidance,’’ of Revision 0. 

The restored text appeared in the draft 

guide released for public comment. In 

addition, there is a minor update of the 

Paperwork Reduction Act text in the 

RG. The changes do not represent 

substantive changes in the NRC staff’s 

regulatory positions. 

DATES: Revision 1 to RG 4.26 is available 

on August 21, 2023. 

ADDRESSES: Please refer to Docket ID 

NRC–2020–0076 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2020–0076. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. For technical 

questions, contact the individuals listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

https://www.nrc.gov/reading-rm/ 

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, at 

301–415–4737, or by email to 

PDR.Resource@nrc.gov. Revision 1 to 

RG 4.26 ‘‘Volcanic Hazards Assessment 

for Proposed Nuclear Power Reactor 

Sites,’’ is available in ADAMS under 

Accession No. ML23167A078. 

• NRC’s PDR: The PDR, where you 

may examine and order copies of 

publicly available documents, is open 

by appointment. To make an 

appointment to visit the PDR, please 

send an email to PDR.Resource@nrc.gov 

or call 1–800–397–4209 or 301–415– 

4737, between 8 a.m. and 4 p.m. eastern 

time (ET), Monday through Friday, 

except Federal holidays. 

Regulatory guides are not 

copyrighted, and NRC approval is not 

required to reproduce them. 

FOR FURTHER INFORMATION CONTACT: 

Jenise Thompson, Office of Nuclear 

Reactor Regulation, telephone: 301– 

415–0381, email: Jenise.Thompson@

nrc.gov and Edward O’Donnell, Office of 

Nuclear Regulatory Research, telephone: 

301–415–3317, email: 

Edward.ODonnell@nrc.gov. Both are 

staff of the U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

SUPPLEMENTARY INFORMATION: 

I. Discussion 

The NRC is issuing a revision to an 

existing guide in the NRC’s ‘‘Regulatory 

Guide’’ series. This series was 

developed to describe methods that are 

acceptable to the NRC staff for 

implementing specific parts of the 

agency’s regulations, to explain 

techniques that the staff uses in 

evaluating specific issues or postulated 

events, and to describe information that 

the staff needs in its review of 

applications for permits and licenses. 

The NRC typically seeks public 

comment on a draft version of a RG by 

announcing its availability for comment 

in the Federal Register. However, as 

explained in NRC’s Management 

Directive 6.6 ‘‘Regulatory Guides,’’ 

(ADAMS Accession No. ML22010A233) 

the NRC may directly issue a final RG 

without a draft version or public 

comment period if the changes to the 

RG are non-substantive. 

The NRC is issuing Revision 1 of RG 

4.26 directly as a final RG because the 

changes between Revision 1 and 

Revision 0 are non-substantive. The 

NRC issued Revision 0 of RG 4.26 in 

June 2021 (86 FR 34057) to provide 

guidance for facilitating the NRC staff’s 

review of volcanic hazards assessments 

performed by applicants to support the 

siting of new nuclear power reactors. 

Recently it was noted that there was an 

administrative error in omission of text 

and a subheading of the guidance in 

Section C ‘‘Staff Regulatory Guidance.’’ 

Also, in the discussion of Step 4: 

‘‘Evaluate Eruption Potential and/or 

Hazard Potential,’’ two paragraphs and 

two bullet points discussing model 

support are missing as well as the 

subheading for the following section, 

Step 5: ‘‘Develop Risk Insights,’’ despite 

their inclusion in the draft guide 

released for public comment (ADAMS 

Accession No. ML20007D621) and a 

subsequent draft revised in light of 

public comments that was presented to 

NRC’s Advisory Committee on Reactor 

Safeguards for review in spring 2021 

(ADAMS Accession No. ML20022A214). 

In addition, there is an update of the 

contact information in Paperwork 

Reduction Act text in the RG. 

As noted in the Federal Register on 

December 9, 2022 (87 FR 75671), this 

document is being published in the 

‘‘Rules’’ section of the Federal Register 

to comply with publication 

requirements under 1 CFR chapter I. 

II. Backfitting, Forwarding, and Issue 

Finality 

Issuance of RG 4.26, Revision 1, does 

not constitute backfitting as defined in 

section 50.109 of title 10 of the Code of 

Federal Regulations (10 CFR), (the 

Backfit Rule), and is not otherwise 

inconsistent with the issue finality 

provisions in 10 CFR part 52. The 

changes in Revision 1 of RG 4.26 are 

limited to editorial changes to improve 

clarity and the correction of a title. 

These changes do not fall within the 

kinds of agency actions that constitute 

backfitting or are subject to limitations 

in the issue finality provisions of part 

52. Accordingly, the NRC did not 

address the Backfit Rule or issue finality 

provisions of part 52. 

III. Congressional Review Act 

This RG is a rule as defined in the 

Congressional Review Act (5 U.S.C. 

801–808). However, the Office of 

Management and Budget has not found 

it to be a major rule as defined in the 

Congressional Review Act. 

IV. Submitting Suggestions for 

Improvement of Regulatory Guides 

A member of the public may, at any 

time, submit suggestions to the NRC for 

improvement of existing RGs or for the 

development of new RGs. Suggestions 

can be submitted on the NRC’s public 

website at https://www.nrc.gov/readingrm/doc-collections/reg-guides/ 

contactus.html. Suggestions will be 

considered in future updates and 

enhancements to the ‘‘Regulatory 

Guide’’ series. 

Dated: August 15, 2023. 


lotter on DSK11XQN23PROD with RULES1